Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          H.B. 190
Approved for Filing: J. Rogers 6                            2nd Sub. (Gray)
         6 03-01-24 12:15 PM 6
                          Senator Don L. Ipson proposes the following substitute bill:
                                 FORENSIC AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Douglas R. Welton
                                  Senate Sponsor: Don L. Ipson
 6
 LONG TITLE
 General Description:
        This bill addresses forensic equipment and Bureau of Forensic Services rulemaking.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires the Department of Public Safety (department) to administer the Forensic
 Equipment Grant Program (program) to provide funding appropriated by the
 Legislature for certain cities or counties to purchase forensic equipment;
        < provides the department with rulemaking authority to implement the program;
        < requires the Bureau of Forensic Services to create rules concerning best practices
 for a law enforcement agency's utilization of a genetic genealogy database in an
 investigation; and
        < makes technical and conforming changes.                                              2nd Sub. H.B. 190
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
     *HB0190S02*
       2nd Sub. (Gray) H.B. 190                                                  03-01-24 12:15 PM
 AMENDS:
        53-10-406, as last amended by Laws of Utah 2022, Chapter 113
 ENACTS:
        53-1-122, Utah Code Annotated 1953
30
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-1-122 is enacted to read:
        53-1-122. Forensic Equipment Grant Program -- Rulemaking.
        (1) As used in this section:
        (a) "Forensic equipment" includes software that allows for the analysis of evidence
 relating to a crime.
        (b) "Grant" means a grant awarded under this section.
        (c) "Program" means the Forensic Equipment Grant Program created in this section.
        (2) (a) There is created within the department the Forensic Equipment Grant Program.
        (b) The purpose of the program is to provide grant funding for:
        (i) a city with a forensic unit that services multiple jurisdictions to purchase forensic
 equipment that allows for the analysis of evidence relating to a crime and provide related
 training for employees; or
        (ii) a county with a forensic unit that services multiple jurisdictions to purchase
 forensic equipment that allows for the analysis of evidence relating to a crime and provide
 related training for employees.
        (3) (a) A city or a county that submits a proposal for a grant to the department shall
 include in the proposal:
        (i) a statement describing the forensic equipment the city or county is seeking to
 purchase and the reasons why the city or county wishes to purchase the equipment;
        (ii) a plan for utilizing the forensic equipment, including related training;
        (iii) any funding sources in addition to the grant for the forensic equipment and related
 training;
        (iv) any existing or planned partnerships for the use of the forensic equipment with
 another entity; and
        (v) other information the department determines is necessary to evaluate the proposal.
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       03-01-24 12:15 PM                                                  2nd Sub. (Gray) H.B. 190
         (b) When evaluating a proposal for a grant, the department shall consider:
         (i) whether funds have been appropriated by the Legislature for the program;
         (ii) the cost of the proposal;
         (iii) the extent to which additional funding sources or existing or planned partnerships
 may benefit the proposal; and
         (iv) the viability and sustainability of the proposal.
         (4) Subject to Subsection (3), the department may, in accordance with Title 63G,
 Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
         (a) eligibility criteria for a grant, including the types of forensic equipment that is
 eligible for a grant;
         (b) the form and process for submitting a proposal for a grant to the department;
         (c) the method and formula for determining a grant amount; and
         (d) reporting requirements for a grant recipient.
         Section 2. Section 53-10-406 is amended to read:
         53-10-406. DNA specimen analysis -- Bureau responsibilities.
         (1) The bureau shall:
         (a) administer and oversee the DNA specimen collection process;
         (b) store each DNA specimen and associated records received;
         (c) analyze each specimen, or contract with a qualified public or private laboratory to
 analyze the specimen, to establish the genetic profile of the donor or to otherwise determine the
 identity of the person;
         (d) maintain a criminal identification database containing information derived from
 DNA analysis;
         (e) ensure that the DNA identification system does not provide information allowing
 prediction of genetic disease or predisposition to illness;
         (f) ensure that only DNA markers routinely used or accepted in the field of forensic
 science are used to establish the gender and unique individual identification of the donor;
         (g) utilize only those DNA analysis procedures that are consistent with, and do not
 exceed, procedures established and used by the Federal Bureau of Investigation for the forensic
 analysis of DNA;
         (h) destroy a DNA specimen obtained under this part if criminal charges have not been
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        2nd Sub. (Gray) H.B. 190                                                 03-01-24 12:15 PM
 filed within 90 days after booking for an alleged offense under Subsection 53-10-403(2)(c);
 and
        (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
 Rulemaking Act, establishing:
        (i) procedures for obtaining, transmitting, and analyzing DNA specimens and for
 storing and destroying DNA specimens and associated records, and criminal identification
 information obtained from the analysis[.]; and
        (ii) procedures that are consistent with best practices for a law enforcement agency's
 utilization of a genetic genealogy database under Subsection 53-10-403.7(2).
        (2) Procedures for DNA analysis may include all techniques which the department
 determines are accurate and reliable in establishing identity.
        (3) (a) In accordance with Section 63G-2-305, each DNA specimen and associated
 record is classified as protected.
        (b) The department may not transfer or disclose any DNA specimen, associated record,
 or criminal identification information obtained, stored, or maintained under this section, except
 under the provisions of this section.
        (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if
 the department determines that there is a reasonable likelihood that the inspection would
 prejudice a pending criminal investigation.
        (5) The department shall adopt procedures governing the inspection of records, DNA
 specimens, and challenges to the accuracy of records. The procedures shall accommodate the
 need to preserve the materials from contamination and destruction.
        (6) A person whose DNA specimen is obtained under this part may, personally or
 through a legal representative, submit:
        (a) to the court a motion for a court order requiring the destruction of the person's DNA
 specimen, associated record, and any criminal identification record created in connection with
 that specimen, and removal of the person's DNA record from the database described in
 Subsection (1)(d) if:
        (i) a final judgment reverses the conviction, judgment, or order that created an
 obligation to provide a DNA specimen; or
        (ii) all charges arising from the same criminal episode for which the DNA specimen
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        03-01-24 12:15 PM                                                 2nd Sub. (Gray) H.B. 190
 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
 dismissal with prejudice or acquittal; or
        (b) to the department a request for the destruction of the person's DNA specimen, and
 associated record, and removal of the person's DNA record from the database described in
 Subsection (1)(d) if:
        (i) no charge arising from the same criminal episode for which the DNA specimen was
 obtained under Subsection 53-10-404.5(1)(a) is filed against the person within one year after
 the day on which the person is booked; or
        (ii) all charges arising from the same criminal episode for which the DNA specimen
 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
 dismissal with prejudice or acquittal.
        (7) A court order issued under Subsection (6)(a) may be accompanied by a written
 notice to the person advising that state law provides for expungement of criminal charges if the
 charge is resolved by a final judgment of dismissal or acquittal.
        (8) The department shall destroy the person's DNA specimen, and associated record,
 and remove the person's DNA record from the database described in Subsection (1)(d), if:
        (a) the person provides the department with:
        (i) a court order for destruction described in Subsection (6)(a), and a certified copy of:
        (A) the court order reversing the conviction, judgment, or order;
        (B) a court order to set aside the conviction; or
        (C) the dismissal or acquittal of the charge regarding which the person was arrested; or
        (ii) a written request for destruction of the DNA specimen, and associated record, and
 removal of the DNA record from the database described in Subsection (6)(b), and a certified
 copy of:
        (A) a declination to prosecute from the prosecutor; or
        (B) a court document that indicates all charges have been resolved by a final judgment
 of dismissal with prejudice or acquittal; and
        (b) the department determines that the person is not obligated to submit a DNA
 specimen as a result of a separate conviction or juvenile adjudication for an offense listed in
 Subsection 53-10-403(2).
        (9) The department may not destroy a person's DNA specimen or remove a person's
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        2nd Sub. (Gray) H.B. 190                                                     03-01-24 12:15 PM
 DNA record from the database described in Subsection (1)(d) if the person has a prior
 conviction or a pending charge for which collection of a sample is authorized in accordance
 with Section 53-10-404.
         (10) A DNA specimen, associated record, or criminal identification record created in
 connection with that specimen may not be affected by an order to set aside a conviction, except
 under the provisions of this section.
         (11) If funding is not available for analysis of any of the DNA specimens collected
 under this part, the bureau shall store the collected specimens until funding is made available
 for analysis through state or federal funds.
         (12) (a) (i) A person who, due to the person's employment or authority, has possession
 of or access to individually identifiable DNA information contained in the state criminal
 identification database or the state DNA specimen repository may not willfully disclose the
 information in any manner to any individual, agency, or entity that is not entitled under this
 part to receive the information.
         (ii) A person may not willfully obtain individually identifiable DNA information from
 the state criminal identification database or the state DNA repository other than as authorized
 by this part.
         (iii) A person may not willfully analyze a DNA specimen for any purpose, or to obtain
 any information other than as required under this part.
         (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
 DNA specimen when destruction is required by this part or by court order.
         (b) (i) A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third
 degree felony.
         (ii) A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor.
         Section 3. Effective date.
         This bill takes effect on May 1, 2024.
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Statutes affected: 
H.B. 190 2nd Substitute (Not Adopted) Text: 53-10-406